Speech by Governor Ronald Reagan before the
April 29, 1967
The following is a wire
from Federal Bureau of Investigation Director J. Edgar Hoover to Governor Ronald
Reagan containing information for the Law Day Speech insert:
On
We are here today to
celebrate Law Day.
It is fitting that we do
this on May 1 – the same day that lawless communism celebrates the anniversary
of the Red Revolution.
The contrast is even
greater than it might seem at first glance.
Communism by definition
is a government of men – not of laws.
It is the very
antithesis of what our founding fathers had in mind when they laboriously and
carefully designed our Constitution.
They feared a strong,
central government. Because
a strong central government is a threat to personal liberty.
But, even more, they
feared a government of men. Because they
knew from first-hand experience that government by men is government
uncontrolled and that is tyranny.
They knew that no man
was safe in his house, or in his property or in his person if his rights,
personal or property, depended upon the whims of men or of a man.
They set out to prevent
this from happening. And the job they
did through the document they wrote was the best in the history of man.
But they were not
infallible and the Constitution – great as it is – is not a perfect document.
It can work only so long
as a people truly desire to be free, only so long as men refuse to subject
themselves to the rule of other men.
The man who said “eternal
vigilance is the price of liberty” was not speaking lightly or tritely.
Eternal vigilance is
indeed the price of liberty. And that
price is not too high to pay.
But liberty, without
law, without legal safeguards is not and cannot be liberty in the long
run. It becomes, instead, license,
revolution, and anarchy.
It leads, without
qualification, to mob rule and from there to the rule of the many by the
few. And these in turn establish or
disestablish law as they see fit, or ignore the law and rule by fiat or edict.
What free men must
achieve in order to remain free is a delicate balance wherein some liberty is
sacrificed in order that the remainder can be preserved.
This cannot be
successfully achieved or long maintained unless those who make the laws are
answerable to the people and unless the people are willing and able to hold
them answerable.
We have jealously
guarded the concept that ours is a government of laws, not of men.
But we must always
remember that the laws are written by men, interpreted by men and changed by
men. And that men
are judged under the law by the other men.
Because of this,
Americans have an obligation to themselves and to those who will come after
them to see that those who write the laws, those who interpret them and those
who judge them are men of ability, men of honor and men who are fair-minded.
Now a governor can
recommend laws and execute them, but he cannot make them under our system. Nor can he elect or appoint those who do.
And, with the exception
of his clemency power, the governor cannot judge under the law, but he can, in
fact under our system, he must, appoint those who do judge.
In many ways this is the
most awesome power a governor has.
Because, while judges must in theory be
approved by a vote of the people, in actuality, a man appointed judge, with
rare exceptions, has a lifetime job. An
inherent weakness in our system is that it is nearly impossible for the average
citizen to have all the factual information necessary to make an intelligent decision
in voting for a judge, and therefore, he usually votes for the incumbent.
This, as I say, places
an awesome responsibility and power in the hands of the governor. He in effect, controls the administration of
justice, through the men he chooses. Justice can be good, bad or indifferent
depending on the judge and on the man who appoints the judge.
Now there are many in
But they feel –
sincerely – that over a period of years, the system balances out and that in the
main the quality of the courts remains high.
Some of these men
frankly feel that the appointment of judges is better off in the hands of a
governor than it is in the hands of anyone else.
Their reasoning is
clear. In
I suspect that this is
true.
But I submit that this
is not the way to improve the quality of our appointees to the bench. Nor is it a party balance necessary to
justice in our criminal courts.
I submit to you that
justice should not be political.
The theme of Law Day
this year is that “no man is above the law and no man is below it … .” I would add that
all men are entitled to equal justice under it.
I believe that using our
courts as political plums in a spoils system is no way to assure the first – or
to achieve the second.
That is why I am disappointed
that the Senate Judiciary Committee [Governmental Efficiency Committee] last
week killed for this session legislation introduced at my request that would
have taken the appointment of judges out of the political area.
During the campaign I
promised we would seek action in this area.
That promise was made in a hundred different speeches. The reaction of one hundred different crowds
made it obvious that the people want assurance that
Because of my beliefs,
because of the promises I made and because it is obviously the people’s desire,
I sent to the Legislature the bill that was killed last week. Actually, the bill would take a
constitutional amendment to become effective and therefore, after legislative
approval it would have to be submitted to a vote of the people. I am sorry the Senate Judiciary Committee did
not give the people the right to make that decision.
That bill, known as the
California Judicial Selection Act, I believed, would once and for all take the
appointment of judges out of the political arena.
It was carried on the
Senate side by Senator Donald L. Grunsky and I am
grateful to him for his work and his efforts to report the bill out of
committee. And I am grateful to those
others who also voted to report it out.
Under the bill a
judicial nominating commission would have been created, consisting of the Chief
Justice of the State Supreme Court, two attorneys appointed by the State Bar
and three lay citizens named by the governor.
That commission would review the names of those proposed by any person
for appointment to the appellate courts.
After review, the commission would submit at least two names to the
Governor who would then make an appointment from that list.
At the trial court level
the commission would be augmented by three persons from the community where a
vacancy existed. One would be a member
of the local bar designated by the local bar president, one would be a judge
and the third would be a lay person named by the governor.
When a vacancy occurred
the governor would be required to submit at least three names to the commission
and the commission would in turn recommend from this list at least two names
back to the governor. The governor would
then appoint a judge from among those names.
If the commission were unable to recommend at least two persons from the
governor’s list he would be required to furnish additional names. This would assure that the governor must
submit the names of qualified attorneys as possible bench appointees.
There is one other key
provision to this bill. It would change
the election procedures to further take the naming of judges out of
politics. Instead of making the election
of municipal and superior court judges contested races, voters would be asked
only to vote yes or no as they now do on the appellate court level. If the vote were no, the judge would not be
re-elected and a new judge would be named under the appointive system I
mentioned a moment ago.
Let me say that I think
what I have proposed is what the people want and what in the interests of
justice, the people deserve. I promise
unequivocally that I will resubmit this legislation next year and for as long
as necessary to have it enacted into law.
Politics has no place in
the administration of justice in
As most of you know, we
have formed committees in those districts where judicial vacancies occur. These committees are composed of members of
the state bar, the local bar, a judge and a lay citizen. They sift the names of candidates for judge
and turn in their recommendations to my office.
Without exception, we
have appointed the candidate who the committee rated highest.
We will continue to do
this until the Legislature and the people act.
But the selection of
judges is only one facet of the program we are working on in
In the
area of law enforcement legislation introduced as part of this administration’s
program is moving along.
This package under the
sponsorship of Senator George Deukmejian is an effort
to strengthen “soft spots” in the state’s laws and crime prevention programs.
I am convinced that
enactment of this proposed legislation will help deter crime, will slow the
flood of pornographic material now available on our news stands, will speed and
strengthen the administration of justice and will assure
This legislation
includes: crime package [handwritten annotation]
First: An effective law to restore to the cities and
counties the ability to enact local laws designed to meet local problems. This is commonly referred to as the “implied
pre-emption issue.”
Such a law will allow
local law enforcement agencies to more thoroughly police their jurisdictions, especially
in the areas of vice, sex offenses and offenses against public decency.
Second: Laws increasing penalties for those criminals
who, during the commission of a robbery, burglary or rape, inflict great bodily
harm upon their victims with dangerous weapons.
I believe society must be protected from those who would inflict
personal violence on its members. Three
measures identical to those we have introduced were passed by both houses of
the Legislature in 1965 but were pocket-vetoed by the last governor.
Third: Comprehensive legislation dealing with
pornography and obscenity, with special emphasis on prohibiting dissemination
to minors of “harmful” material. A
careful effort is being made to avoid any suspicion of censorship.
Fourth: We recognize that from time to time persons
are arrested unjustly or as victims of circumstances. Yet, despite their innocence, they must live
the remainder of their lives with a public police record. Our bill, by closing certain records, will
provide relief for such persons while, at the same time, preserving those
records for use by law enforcement agencies and other authorized persons.
But we are convinced
that even more effort on the part of all of us is needed if we are to control
crime in
Statistics show:
In 1965, the last year
for which figures are available,
During the same year
That year
This was not an unusual
year. It was the continuation of a
pattern; in 1964 all offences went up 10 percent, in 1963 they went up 7 percent, in 1963 they went up 3 percent.
There are many reasons
and theories given for the increase in the incidence of crime.
I do not hold with the
theory that says society is to blame, when a man commits a robbery or a murder
and therefore we must be as understanding and as sympathetic for the criminal
as we are for the victim.
True, there has been a
spirit of permissiveness abroad in the land that has undoubtedly added to the
juvenile delinquency problem. This is a
time of affluence, where young people have time on their hands, and seek
outlets once provided by jobs.
There is talk these days
that punishment is not a deterrent and as punishment becomes more difficult to
mete out, those who would be deterred by the threat of
punishment feel freer to commit crimes and acts of violence.
There is a belief in
some quarters that grievances, real or fancied, can be remedied by marches or
even riots.
The courts at the appellate
level have narrowed the difference between liberty and license and in some
areas have overbalanced the scales of justice so that the rights of society are
outweighed by decisions granting new rights to individuals accused of crimes.
For a variety of
reasons, including those listed above, the streets of many of our big cities
have become unsafe at night and in some neighborhoods, even in the daytime.
A major reason, I think,
for the increase in crime is the very progress we are making which benefits and
enriches our civilization. Scientific
and technological advances are being utilized by and adapted for use by the
criminal element.
Modern methods of
transportation and communications, and modern tools and weapons are used daily
by those who prey on society.
If we are to reverse
this trend it is essential that society also use to the fullest our scientific
and technological advances in the prevention, detection and control of
crime. And in the
correction and rehabilitation of criminals.
In addition, there is
need for basic research involving the joint effort of various scientific and
professional disciplines into the nature of crime, and criminals and into
methods of detection, apprehension and treatment.
[PORTION OF SPEECH
MISSING]
As a matter of fact, we
have already taken, in conjunction with the Federal Bureau of Investigation,
one major step to help combat crime.
California Highway
Patrol Commissioner Harold Sullivan has arranged with the FBI for a computer to
computer link-up between his headquarters and the
Thanks to Commissioner
Sullivan, 29 police agencies in
We are told by J. Edgar
Hoover that this is the first computer to computer exchange in the history of
law enforcement.
In fact it is the first
use of this technology to link local, state and federal government.
Both the FBI and our law
enforcement officials feel this link-up will be invaluable in our fight against
crime by allowing the rapid retrieval and exchange of information between
But this is just one
step.
[PORTION OF SPEECH
MISSING]
Second, we wish and expect
to maintain the traditional partnership and spirit of mutual cooperation
between the agencies of state and local government.
Third, we must provide
coordination of the various agencies and groups involved in criminal justice
projects,
And fourth, we must
provide a vehicle to handle federal-state relations and to implement federal
legislation dealing with crime control.
These objectives will be
met by a council on criminal justice which will be established under the master
plan.
This council, made up of
representatives of all the agencies and bodies involved in crime control, as
well as representative citizens, will function in much the same manner as the
Coordinating Council on Higher Education functions and we are convinced it will
provide the same sort of benefits.
The Council will be
responsible for developing state-wide plans for the prevention, detection and
control of crime and for the administration of criminal justice.
It will conduct studies,
survey resources and identify the needs for research and development. It will encourage coordination, planning and
research by the agencies of criminal justice throughout the state and will
serve as a clearing house for the study and dissemination of information.
Such a council will give
Of course, no program in
itself can work miracles and/or eliminate crime. But this program will insure that we are
utilizing to the fullest all the available resources and that we are
continually coming up with new resources.
The war on crime is a
never-ending one. And it is necessary
that we pursue it constantly and with vigor if our citizens are to be safe on
our streets and in their homes, and if man is to be able to live free from fear
of his fellow man in an ever-contracting world and an increasingly more complex
society.
I do not claim that our
proposals contain all the answers. But I
do say we have made a new beginning, a beginning that will increase the
confidence of the citizen in his government, engender respect for the law and
insure speedy and equal justice under it.
If it would seem that we
are adding unduly to the responsibilities of the private citizen, let us be
aware that history records when the freedom the Athenians wished for most was
freedom the Athenians wished for most was freedom from responsibility, Athens
ceased to be free and was never free again.